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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44421
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have bought a car, which I exchanged two vehicles to

Customer Question

I have bought a car, which I exchanged two vehicles to purchase (no cash exchanged). The vehicle developed a fault and I have returned this to the trader to try and rectify. I mentioned my right to a refund, which they laughed at. They said if I went to a Small Claims Court I would be laughed at. They offered to buy back my car they have already sold to someone else, and return the other vehicle instead of refunding the value of the new car I got from them. Would this stand up in court? Is that legal? I am still within 30 days of purchasing the car. The value was £7500. Thanks
Submitted: 1 month ago.
Category: Law
Expert:  Ben Jones replied 1 month ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 month ago.

Please can you describe the nature of the fault and how long after purchase, the vehicle developed it? Thank you

Customer: replied 1 month ago.
Hello Ben,I purchased the car on the 25th August and after a few days of driving the vehicle noticed it wasn't a 100% circa 4-5 days, I can put this down to getting to know the car. I've attached a series of events which have taken place, this might help. The faults were the gearbox was fluctuating when cold in any gear (up and down revs). The engine has a mild misfire at idle. The car clunks when coming to a stop.
Expert:  Ben Jones replied 1 month ago.

Hi Steve. Thank you for your response and for the attachment. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 1 month ago.

Many thanks for your patience. When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Consumer Rights Act 2015. The law states that the goods must be:

· of satisfactory quality – they must not be faulty or damaged when you receive them;

· as described – they must match any description given to you at the time of purchase; and

· fit for purpose – they should be fit for the purpose they are supplied for,

If they do not match the above requirements, you will have certain legal remedies against the seller. Also note that there is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.

If the goods do not meet the criteria mentioned above, you will have the following rights:

1. Reject them and request a refund - this is only possible if the rejection occurs within 30 days of purchase.

2. Ask for a repair or replacement – if you are too late to reject the goods or do not wish to get a refund straight away, you can ask the seller for a repair or replacement. If a repair has been arranged but has failed, or if a repair or replacement are not possible, you are still entitled to ask for a refund, or a price reduction. Alternatively you could get a second repair or replacement at no extra cost to you. However, the retailer can refuse if they can show that your choice is disproportionately expensive compared to the alternative.

A useful rule is that if a fault appears within the first 6 months after purchase, the law assumes that they did not meet the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the fault occurs more than 6 months after purchase, it would be down to the consumer to prove that they did not meet the statutory requirements set out above at the time of sale.

You are still within the time to reject the car for a refund so you may indeed do so. If you bought the car through a part exchange then you can request the return of the part-exchanged cars, or if these are no longer available, you can ask for the equivalent value they considered to take them as a part exchange. So what they have told you about you being laughed off in court is not really true, it is likely to be talk on their part to try and put you off from taking this further.

You can quote the applicable rights you have under the Consumer Rights Act as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should this matter remain unresolved, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44421
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 month ago.
Hello Ben,
Thank you for your reply. Very informative and covered the part where I would be laughed out of court which was the worrying matter. I would indeed be very interested to read further with your detailed advice.
I do have a question though, which relates to the part exchanged vehicles I gave the trader. If the case did go to court and the trader offered to return my old vehicles as a "full refund", would these be deemed acceptable? I don't wish for these to be returned, purely as the car has been sold now and I don't know what has happened to it and the trader advise my motorbike was a Cat C repaired. I also traded the vehicles in as I needed a more suitable car for work.
I also believe the trader will drag their heals with attempting the repair, do you advise to keep the vehicle in my possession once the repair has/hasn't been done and to write to request a refund once in my possession or leave the vehicle with them?
I cant seem to attach the letter, but have copied and pasted this below.
Aaron Ryan Prater Mr S Norfolk
Praters ** ******
****** ******
***** **** NN6 0BQ
M***** K*****
MK17 9AA
13 September 2016
Dear *****,
Complaint about faulty goods:
I bought a BMW 760li, registration MH03VUM from you on 25 August 2016. Full payment for this vehicle was an exchange of a Nissan Patrol registration EU53KDV and Aprilia Mille motorcycle registration of AK52FJP. I raised a call with you on the 7/9/16 to advise the vehicle was not satisfactory and on the 10/9/16 I updated again and the vehicle was still not correct, advising I would reject. Subsequently you became very aggressive but ultimately agreed to attempt a repair on the vehicle. The vehicle was returned on the 12/9/16 the outcome of which is….xxxxxx
I still find the goods (BMW 760li) have the following faults:
• The vehicle surges in any gear with a light depression on the accelerator
• The vehicle makes a clunk when coming to a stop
• The engine has a misfire.
Under the Consumer Rights Act 2015, goods you supply must be fit for purpose, free from faults and do what they are designed to do. I am exercising my 30 days short term rights to early reject the above vehicle. As there was a problem with the goods when I bought them, I request that you give me a full refund of the value of the vehicle sold of £7500. There is a consequential loss of £510 which I also request a refund on after investigating and trying to fix the fault independently.
I have enclosed a copy of the receipt and consequential loss in support of my claim.
Please respond within 14 days of receiving this letter.
Yours faithfully
Mr S Norfolk
Expert:  Ben Jones replied 1 month ago.

Hello there, assuming that the vehicles you exchanged are in the same or reasonably similar condition then it would be a reasonable outcome to have these returned to you – they are not expected to offer a cash refund straight away.

It would not make much of a difference whether the refund is requested whilst the vehicle is with you or them but may be better if it is with them because then at least you do not have to try and force them to accept it back.

In terms of getting compensation back for this, either a refund or repair costs, whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:

1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.

Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

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